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  • Writer's pictureRick Raymond, P.I.

Using Surveillance in Spousal Infidelity Cases in Florida

The general public utilizes the services of private investigators in Florida on a daily basis to determine if their spouses are being unfaithful or having illicit affairs. Many times there have been indicators of an affair and the suspecting party has noted unusual charges on a credit or debit card, the cheating spouse may work longer or irregular hours, changes in general routine, new clothes, new perfumes or colognes, etc...

Most often, when a client contacts us for a consultation regarding a cheating spouse case, they already have a good idea that the affair is actually going on. It then becomes an exercise in obtaining "proof" versus trying to "confirm" there is an affair to begin with. A good private investigator can conduct surveillance and find the "proof" in a short amount of time. The real issue is what to do with the "proof" once it is obtained.

The question we ask, at the outset of the case, is what does our client intend to do with the video evidence of the cheating spouse once we obtain it. Coupled with that question is asking them if they have an attorney. A good marital law attorney is crucial when dealing with a Florida cheating spouse case.

Oftentimes, the relationship was over years before the affair started. Many men and women simply live a co-existence for years in a marriage rather than have a nurturing and caring relationship. This can be the catalyst for the affair to begin in itself. We see clients who request surveillance as a way to address the issues with their partners and potentially "save" the marriage. Others simply tell us they want the "proof" so they can finally feel free to divorce and move on with their lives. The truth, generally, falls somewhere in the middle.

Situations such as cheating spouses are highly charged and emotional ones. It is rare to find the person who treats these situations like business deals. Most of the time, when confronted with the fact that a spouse is cheating, people become highly emotional. These emotions manifest themselves as sadness, anger and everything in between. As a result, if not properly guided through the process, the offended party can fly into a rage and do harm to themselves or the cheating spouse.

We always ask our clients what they intend to do if the "proof" is provided to them. How they answer usually dictates whether we will accept their case or not. As professional investigators, we have a duty to our client to act in their best interest. In Florida, where our firm is based, it is a "no-fault" state with regard to adultery. What that means is that most judges do not care whether one party had an affair at all. At that point it is simply proof that the marriage is irretrievably broken. Florida judges rarely allow testimony in court regarding extramarital affairs unless certain other issues have to be decided. Usually, these other issues have to do with child custody or marital waste. A judge may look at the affair as an indicator of an absent parent or a person not fit to be the primary caregiver to a child. Additionally, marital waste can occur when a spouse spends large amounts of money on an affair and the other spouse may be able to lay claim to those funds in the divorce proceedings.

Other states, such as New York, are "at-fault" states and proof of affairs and adultery in the divorce proceedings are given much weight by judges. In New York, if a husband has an affair with another woman, the wife may sue him for the affair and win real dollars in court much like any other lawsuit. The wife can then sue the "other woman" for monetary damages also.

In cases where the parties reside in an "at-fault" state, the use of a good private investigator makes perfect sense. In states that are considered "no-fault" states, one should weigh the pros and cons of the value the potential "proof" will actually be worth to them. Sometimes the suspecting spouse "just wants to know the truth". Certainly, there is nothing wrong with that. No one wants to live with an adulterer and in today's day and age, with sexually transmitted diseases, being informed is certainly a wise decision.

Selecting a Florida private investigator to handle your marital infidelity case is a decision best made by a level-headed client and their respective attorney. A professional Florida private investigator will explain all your options and detail potential pitfalls before they arise.

If you are in need of professional private investigative services in Florida, consider Rick Raymond Investigations. Call us at (386) 310-4812 or visit us at

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